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Friday, January 29, 2016

The Shops and Establishment Act is a state legislation enacted by various states

which regulates operation of shops and establishment in that state. The Act is

applicable to non-hazardous manufacturing units employing less than 10 workers. The existing law regulates opening and closing time of establishment, Attendance and payment of Wages, Holidays and Leaves, Conditions of Employment, and includes provisions for Health, Safety and Welfare. The Government has been receiving suggestions from time to time to enact a model central law which the states could consider for enforcement either by adopting the central law or making necessary modifications by amending the state laws.

It has been represented to the central government that the enforcement of the

state Shops and Establishment Act by various states has brought about the following inadequacies that have affected the ease of doing business by the shops and establishments covered under the Act:-

1. Rigidity in Opening And Closing of establishments.

2. Discourages Women in employment.

3. Difficulties in Registration & Annual Renewal.

4. Problems in Maintenance of Statutory Records.

5. Arbitrariness in Statutory Inspections.

3.1. The present proposal, inter-alia, provides for the following:

1. A Model Shops and Establishment Act to be formulated by the Union

Government, on the pattern of which states will modify their individual Act.

2. Covers only establishments employing ten or more workers except

manufacturing units

3. Freedom to operate 365 days in a year.

4. Freedom for opening/closing time of establishment.

5. Women to be permitted during night shift.

6. No discrimination against women in the matter of recruitment, training, transfer or promotions.

7. Online one common Registration through a simplified procedure.

8. Power of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers.

9. Clean and safe drinking water

10. Lavatory, Creche, First Aid and Canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment

11.Twelve days casual cum sick leave.

12. One day earned leave for every twenty days of work performed (can be

accommodated up to 45 days)

13.Five paid holidays for festivals in addition to three national holidays.

The Prime Minister’s Office (PMO) has asked the labour ministry to ensure that all construction workers in the country are covered under social security schemes such as the Employees’ Provident Fund.Labour Secretary Shankar Aggarwal has also written to state governments to seek their co-operation in the endeavour.The biggest challenge in bringing millions of India’s construction workers under various welfare schemes is the seasonal and migrant nature of their job.Semi-skilledMost workers in the construction sector are semi-skilled or unskilled and work at sites across the country for spells of a few months at a time. With low literacy levels, they are also prone to benefit cheating by employers or contractors they work with.Cess collectionsEvery state collects cess on the cost of construction incurred by employers to form a fund to be utilised for welfare of construction workers.Of the total cess of Rs 16,214 crore collected till December 2014, only Rs 2,859 crore, or a little over 17 per cent, has been spent as most states have failed to design any schemes to deploy these funds.“The matter (of covering construction workers) is being monitored at the highest level in government and this is an area flagged as one of utmost concern,” according to a note sent to all provident fund commissioners last week.“Thus it becomes imperative that this work is accorded top priority and taken up in right earnest, duly engaging all the stakeholders, including various trade unions and industry bodies,” Regional Provident Fund Commissioner (Compliance) Gautam Dixit wrote in the missive.UAN portalTo counter the issue of frequent changes in employer and location, the Employees’ Provident Fund Organisation or EPFO has decided to register construction workers on the Universal Account Number (UAN) portal, thereby allocating them a universal number for easy transfer of PF funds while switching jobs.The regional commissioners have been requested to organise meetings with public sector units, trade unions and visit big construction sites. The EPFO has also asked them to hold meetings with state labour departments and to get in touch with the State Building and Construction Workers Board constituted by states to get the database of construction workers.The PF office has sought an action taken report from all the regional PF commissioners within seven days on the issue.Pls refer to the necessary circular as issued by the Central Epf Office to All SRO & Regional Office.C3_Coverage_ConstructionWkrs_22072

Thursday, January 28, 2016

Dear all,As per the new amendment of bonus act kerala High Court has given Stay to the same the respective High Court Order is enclosed for your ready reference. In my view we should wait for Some time before paying the bonus amount i.e. from Apr 2014 there are chances that some other states also get Stay order in the same manner. STAY-ORDER-HIGH-COURT-OF-KERALA-PAYMENT-OF-BONUS-AMENDMENT-ACT-2015-

Wednesday, January 27, 2016

Dear all,In exercise of the powers conferred under sub-section (2) of section 3 of

A.P. Factories and Establishments (National Holidays and Other Holidays) Act,

1974 (AP Act No.32/1974) and A.P. Shops & Establishments Act, 1988, read with the provisions laid down in Section 135-B(4) of the Representation of Peoples Act, 1951, Government of Telangana State hereby declare the day of poll i.e. 02.02.2016 (Tuesday) as Paid Holiday to all the employees and workers in the Factories, Shops & Establishments and Industrial Undertakings situated in the Greater Hyderabad Municipal Corporation area in view of the 3rd Ordinary

Sunday, January 24, 2016

Object of the Act:

To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

Coverage of the Act:

Upon all woman employee directly or through contractor except domestic women employees employed in mines,factories, plantations, and also in other establishments if the State Government so decides.

Therefore, if the State Government so decides Act to women employees in shops and commercial establishments , they also will get the benefit of this Act.

Conditions for eligibility of benefits:

Women including temporary employee & Permanent employee (married Women) are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Conditions for claiming benefits:

10 weeks before the date of her expected delivery, she may ask the employer to give her light work for a month. At that time she should produce a certificate that she is pregnant.

She should give written notice to the employer about 7 weeks before the date of her delivery that she will be absent for 6 weeks before and after her delivery.She should also name the person to whom payment will be made in case she cannot take it herself.

She should take the payment for the first 6 weeks before she goes on leave.

She will get payment for the 6 weeks after child birth within 48 hours of giving proof that she has had a child.

She will be entitled for 2 nursing breaks of 15 minutes each in the course of her daily work till her child is 15 months old.

Her employer cannot discharge her or change her conditions of service while she is on maternity leave.

Day Care Facilities as per New Maternity Act 2017

World of Children day care work exclusively in the day care space to offer customised solutions to create Corporate Creche Alliances!! Day care allows families to raise kids and pursue careers and boosts Gender diversity and inclusion, besides being a mandatory compliance as per Maternity Benefit Act 2017 For More Details Contact Sukanya Bhosale Cell: + 91 9820917666